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This is a Bill, not an Act. For current law, see the Acts databases.

DEFENCE LEGISLATION AMENDMENT BILL (NO. 1) 2005

2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Defence Legislation Amendment Bill
(No. 1) 2005
No. , 2005
(Defence)
A Bill for an Act to amend legislation relating to
defence, and for related purposes
i Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005
Contents
1
Short title ......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Criminal laws of the Australian Capital Territory
3
Defence Force Discipline Act 1982
3
Schedule 2--Inquiry officers
7
Defence Act 1903
7
Schedule 3--Naval defence
8
Naval Defence Act 1910
8
Schedule 4--Military superannuation and benefits
9
Military Superannuation and Benefits Act 1991
9
Schedule 5--Technical amendments relating to legislative
instruments
10
Defence Act 1903
10
Defence Force Discipline Act 1982
11
Defence Force (Home Loans Assistance) Act 1990
11
Defence Force Retirement and Death Benefits Act 1973
11
Defence Forces Retirement Benefits Act 1948
12
Defence (Special Undertakings) Act 1952
12
Explosives Act 1961
12
Military Rehabilitation and Compensation Act 2004
12
Military Superannuation and Benefits Act 1991
13
Naval Defence Act 1910
13
Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005 1
A Bill for an Act to amend legislation relating to
1
defence, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Defence Legislation Amendment Act
5
(No. 1) 2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedules 1 to
4
The day on which this Act receives the
Royal Assent.
3. Schedule 5
Immediately after the commencement of
section 3 of the Legislative Instruments Act
2003.
1 January 2005
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Criminal laws of the Australian Capital Territory Schedule 1
Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005 3
1
Schedule 1--Criminal laws of the Australian
2
Capital Territory
3
4
Defence Force Discipline Act 1982
5
1 Subsection 3(1)
6
Insert:
7
ancillary offence, in relation to an offence against this Act or the
8
regulations, means an offence against:
9
(a) section 11.1, 11.4 or 11.5 of the Criminal Code; or
10
(b) section 6 of the Crimes Act 1914;
11
that relates to that other offence.
12
2 Subsection 3(1)
13
Insert:
14
ancillary Territory offence, in relation to another Territory offence
15
(the first Territory offence), means an offence against:
16
(a) section 11.1, 11.4 or 11.5 of the Criminal Code; or
17
(b) section 6 of the Crimes Act 1914; or
18
(c) section 44, 47 or 48 of the Criminal Code 2002 of the
19
Australian Capital Territory; or
20
(d) section 181 of the Crimes Act 1900 of the Australian Capital
21
Territory; or
22
(e) a provision of a law in force in the Jervis Bay Territory (other
23
than a Commonwealth law) that is prescribed for the purposes
24
of this paragraph (see subsection (3A));
25
that relates to the first Territory offence.
26
3 Subsection 3(1) (definition of relevant Territory offence)
27
Repeal the definition, substitute:
28
relevant Territory offence, in relation to an offence against
29
section 61, means the Territory offence on which the offence against
30
section 61 is based.
31
Schedule 1 Criminal laws of the Australian Capital Territory
4 Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005
4 Subsection 3(1) (paragraphs (b) and (c) of the definition of
1
Territory offence)
2
Repeal the paragraphs, substitute:
3
or (b) an offence punishable under any other law in force in the
4
Jervis Bay Territory (including any unwritten law) creating
5
offences or imposing criminal liability for offences.
6
Note 1:
Paragraph (a) of this definition includes an offence (an ancillary
7
Territory offence) against section 11.1 (attempt), section 11.4
8
(incitement) or section 11.5 (conspiracy) of the Criminal Code or
9
section 6 (accessory after the fact) of the Crimes Act 1914 in relation
10
to another Territory offence within the meaning of that paragraph.
11
Note 2:
Paragraph (b) of this definition includes an offence (an ancillary
12
Territory offence) against section 44 (attempt), section 47
13
(incitement) or section 48 (conspiracy) of the Criminal Code 2002 of
14
the Australian Capital Territory or section 181 (accessory after the
15
fact) of the Crimes Act 1900 of the Australian Capital Territory in
16
relation to another Territory offence within the meaning of that
17
paragraph.
18
Note 3:
The laws of the Australian Capital Territory in force in the Jervis
19
Bay Territory apply, and Chapter 2 of the Criminal Code does not
20
apply, for the purpose of determining criminal liability for offences
21
referred to in paragraph (b) of this definition.
22
5 After subsection 3(3)
23
Insert:
24
(3A) Before the Governor-General makes a regulation prescribing a
25
provision of a law for the purposes of paragraph (e) of the definition
26
of ancillary Territory offence in subsection (1), the Minister must
27
be satisfied that the provision is equivalent to, or has the same effect
28
as, a provision referred to in paragraph (c) or (d) of that definition.
29
6 Subsection 3(13)
30
Repeal the subsection.
31
7 Paragraph 63(1)(a)
32
Omit "subsection 61(1)", substitute "section 61".
33
8 Subparagraph 63(1)(a)(ia)
34
Omit "section 92A, 92B, 92C, 92D or 92E of the Crimes Act 1900",
35
substitute "section 51, 52, 53, 54 or 55 of the Crimes Act 1900".
36
Criminal laws of the Australian Capital Territory Schedule 1
Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005 5
9 Paragraph 63(1)(b)
1
Repeal the paragraph, substitute:
2
(b) an offence against section 61 that is based on an ancillary
3
Territory offence in relation to a Territory offence referred to
4
in paragraph (a).
5
10 Paragraph 64(a)
6
After "another offence", insert "(other than an offence against
7
section 61)".
8
11 Subsection 96(4)
9
Omit "or a service offence that is an ancillary offence in relation to an
10
offence against section 61".
11
12 Paragraph 104(a)
12
Omit "subsection 61(1)", substitute "section 61".
13
13 Subparagraph 104(a)(ii)
14
Omit "section 92A, 92B, 92C, 92D or 92E of the Crimes Act 1900",
15
substitute "section 51, 52, 53, 54 or 55 of the Crimes Act 1900".
16
14 At the end of paragraph 104(a)
17
Add:
18
(iii) an offence prescribed for the purposes of this
19
subparagraph; or
20
(iv) an ancillary Territory offence in relation to a Territory
21
offence referred to in subparagraph (i), (ii) or (iii); or
22
15 Paragraph 104(c)
23
Omit "paragraph (a) or (b)", substitute "paragraph (b)".
24
16 Paragraph 142(1)(b)
25
After "this Act" (first occurring), insert "(other than section 61)".
26
17 After paragraph 142(1)(b)
27
Insert:
28
Schedule 1 Criminal laws of the Australian Capital Territory
6 Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005
(ba) an offence against section 61 that is based on an ancillary
1
Territory offence against section 11.1 of the Criminal Code,
2
or section 44 of the Criminal Code 2002 of the Australian
3
Capital Territory, in relation to another Territory offence (the
4
first Territory offence), is an alternative offence in relation to
5
another offence against section 61 that is based on the first
6
Territory offence;
7
18 Paragraph 190(4)(a)
8
Omit "subsection 61(1)", substitute "section 61".
9
Inquiry officers Schedule 2
Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005 7
1
Schedule 2--Inquiry officers
2
3
Defence Act 1903
4
1 Paragraph 124(1)(gc)
5
Omit "investigating", substitute "inquiry".
6
2 Subsection 124(2A)
7
Omit "investigating", substitute "inquiry".
8
3 Subsection 124(2C)
9
Omit "investigating" (wherever occurring), substitute "inquiry".
10
Schedule 3 Naval defence
8 Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005
1
Schedule 3--Naval defence
2
3
Naval Defence Act 1910
4
1 Paragraph 38(5)(b)
5
Omit "18", substitute "20".
6
2 Subsection 38(6)
7
Omit "19 years", substitute "21 years or such lower age as is
8
prescribed".
9
Military superannuation and benefits Schedule 4
Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005 9
1
Schedule 4--Military superannuation and
2
benefits
3
4
Military Superannuation and Benefits Act 1991
5
1 Section 20
6
Omit "other than Part 8".
7
2 Part 8
8
Repeal the Part.
9
3 Subsection 52(4)
10
Repeal the subsection.
11
4 Saving provision
12
(1)
Despite the repeals and the amendment made by this Schedule, the
13
Military Superannuation and Benefits Act 1991 continues to apply, in
14
relation to a person who was a member of the Scheme immediately
15
before commencement, as if those repeals and that amendment had not
16
happened.
17
(2)
For the purposes of Part 8 of the Military Superannuation and Benefits
18
Act 1991 as continued in force by this item, salary has whichever of the
19
following meanings is applicable:
20
(a) the meaning prescribed by regulations under this paragraph;
21
(b) if no regulations are in force under paragraph (a)--the
22
meaning given by Part 8 of the Military Superannuation and
23
Benefits Act 1991, as in force immediately before
24
commencement.
25
(3)
In this item:
26
commencement means the time at which this item commenced.
27
Scheme has the same meaning as in the Military Superannuation and
28
Benefits Act 1991.
29
Schedule 5 Technical amendments relating to legislative instruments
10 Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005
1
Schedule 5--Technical amendments relating
2
to legislative instruments
3
4
Defence Act 1903
5
1 Subsection 52(1)
6
Omit "instrument in writing", substitute "legislative instrument".
7
2 Subsection 52(4)
8
Repeal the subsection, substitute:
9
(4) Determinations are legislative instruments for the purposes of the
10
Legislative Instruments Act 2003.
11
(4A) Paragraph 14(1)(a) of the Legislative Instruments Act 2003 applies
12
as if the reference to disallowable legislative instruments included a
13
reference to instruments made under section 58B or 58H of the
14
Defence Act 1903.
15
3 Subsection 61CX(2)
16
After "Minister may", insert ", by legislative instrument,".
17
4 Subsection 61CX(3)
18
Repeal the subsection.
19
5 Section 116N
20
Repeal the section.
21
6 Subsection 116ZD(1)
22
After "Minister may", insert ", by legislative instrument,".
23
7 Subsection 116ZD(3)
24
Repeal the subsection.
25
8 Subsection 123G(1)
26
After "Minister may", insert ", by legislative instrument,".
27
Technical amendments relating to legislative instruments Schedule 5
Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005 11
9 Subsections 123G(3) and (4)
1
Repeal the subsections.
2
Defence Force Discipline Act 1982
3
10 Subsection 68(2)
4
Omit "instrument in writing", substitute "legislative instrument".
5
11 Subsection 68A(2)
6
Omit "instrument in writing", substitute "legislative instrument".
7
12 Section 68B
8
Repeal the section.
9
13 Subsection 149(1)
10
Omit "(1)".
11
14 Subsection 149(1)
12
After "General may", insert ", by legislative instrument,".
13
15 Subsections 149(2) and (3)
14
Repeal the subsections.
15
Defence Force (Home Loans Assistance) Act 1990
16
16 Subsections 3C(1)
17
After "Minister may", insert ", by legislative instrument,".
18
17 Subsection 3C(3)
19
Omit "by writing", substitute ", by legislative instrument,".
20
18 Subsection 3C(5)
21
Repeal the subsection.
22
Defence Force Retirement and Death Benefits Act 1973
23
19 Subsection 49F(1)
24
Schedule 5 Technical amendments relating to legislative instruments
12 Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005
Omit "(1) The Minister may", substitute "The Minister may, by
1
legislative instrument,".
2
20 Subsections 49F(2) and (3)
3
Repeal the subsections.
4
Defence Forces Retirement Benefits Act 1948
5
21 Subsection 80E(1)
6
Omit "(1) The Minister may", substitute "The Minister may, by
7
legislative instrument,".
8
22 Subsections 80E(2) and (3)
9
Repeal the subsections.
10
Defence (Special Undertakings) Act 1952
11
23 Subsections 15(1), (2) and (3)
12
Repeal the subsections, substitute:
13
(1) Orders made under section 14 are legislative instruments for the
14
purposes of the Legislative Instruments Act 2003.
15
Explosives Act 1961
16
24 Subsections 16(1), (2) and (3)
17
Repeal the subsections, substitute:
18
(1) Orders made under the regulations are legislative instruments.
19
Military Rehabilitation and Compensation Act 2004
20
25 Subsection 286(4)
21
Omit "disallowable instrument for the purposes of section 46A of the
22
Acts Interpretation Act 1901", substitute "legislative instrument".
23
Note 1: The heading to subsection 286(1) is altered by omitting "written".
24
Note 2: The heading to subsection 286(4) is altered by omitting "Disallowable" and
25
substituting "Legislative".
26
Technical amendments relating to legislative instruments Schedule 5
Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005 13
26 Subsection 286(5)
1
Repeal the subsection, substitute:
2
(5) A determination under this section is taken to be made on the day on
3
which the Minister approved the determination.
4
27 Subsection 293(3) (definition of specified rate per
5
kilometre)
6
Omit "determines in writing", substitute ", by legislative instrument,
7
determines".
8
28 Subsection 293(4)
9
Repeal the subsection.
10
Military Superannuation and Benefits Act 1991
11
29 Subsection 2(1)
12
Omit "7, sections 42 and 47, paragraph 49(1)(a) and sections",
13
substitute "7 and sections 42, 47 and".
14
30 Subsection 5(1)
15
Omit "signed instrument", substitute "legislative instrument signed by
16
the Minister".
17
31 Subsection 5A(3)
18
Omit "48(2) of the Acts Interpretation Act 1901", substitute "12(2) of
19
the Legislative Instruments Act 2003".
20
32 Subsection 30(1) (paragraph (f) of the definition of eligible
21
member)
22
Omit "in writing", substitute "by legislative instrument".
23
33 Section 49
24
Repeal the section.
25
Naval Defence Act 1910
26
Schedule 5 Technical amendments relating to legislative instruments
14 Defence Legislation Amendment Bill (No. 1) 2005 No. , 2005
34 Subsection 42A(6)
1
Repeal the subsection.
2

 

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